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21-100017 Reasonable Use Application Letter 9-15-2021P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 September 15, 2021 Ms. Chaney Skadsen City of Federal Way Community Development 33325 8th Avenue South Federal Way, Washington 98003 RE: Henry Reasonable Use (Burden of Proof) Process III, 20-105405-UP, 21-100016-UP, 21-100017-UP Dear Ms. Skadsen: In meeting the decisional criteria in FWRC.65.100(2), please find convincing evidence provided in this letter that shows the provisions of the code requirements for reasonable use within the wetland buffer and stream buffer have been met. Each lot is zoned RS 15.0 and FWRC 19.145.090 (3) items a. through e.are met for each proposed single family residence as follows: FWRC 19.145.090 (3) a. The applications of the provisions of this chapter eliminates all reasonable use of the subject property. •20-105405-UP: Lot 9043 shown on the attached wetland buffer and stream buffer intrusion map is encumbered as follows by critical areas: 9043 Lot Size: 36,744 SF SFR Bldg Footprint: 1,486 SF Wetland: 5,320 SF Wetland Buffer: 26,122 SF WB Intrusion: 3,350 SF (12.8% buffer reduction) Stream Buffer: 36,744 SF SB Intrusion: 3,350 SF (9.1% buffer reduction) The stream buffer encumbers the entire lot. A wetland and its 150-ft buffer encumber all but 5,302 SF in the southwest corner of the lot that is only accessible by crossing the stream. Previous single-family use of the lot cleared areas of the site accessible with an existing gravel road where a proposed new single-family home with a 1486 SF footprint is proposed. •21-100016-UP: Lot 9069 as shown on the attached wetland buffer and stream buffer intrusion maps is encumbered as follows: 9069 Lot Size: 18,000 SF P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 SFR Bldg Footprint: 1,563 SF Wetland: 5,450 SF Wetland Buffer: 12,550 SF WB Intrusion: 3,250 SF (25.8% buffer reduction) Stream Buffer: 11,830 SF SB Intrusion: 1,080 SF (9.1 % buffer reduction) The wetland and its 150-ft buffer encumber the entire lot. All but 6,170 SF in the southeast corner of the lot is encumbered by the stream buffer. The proposed single family pushes up against setback limitations in the southeast corner with required building setbacks and a minimum 5-ft setback from buffer enhancements proposed to manage stormwater runoff. Intrusion for the proposed single-family use with a building footprint of 1563 SF will be split between the area of the lot only encumbered by the wetland buffer with the area encumbered by both wetland and stream buffers. •21-100017-UP: Lot 9087 as shown on the attached wetland intrusion maps is encumbered as follows: 9087 Lot Size: 22,082 SF SFR Bldg Footprint: 1,300 SF Wetland: 9,310 SF Wetland Buffer: 12,772 SF WB Intrusion: 2,900 SF (22.7% buffer reduction) Stream Buffer 22,030 SF SB Intrusion: 2900 SF (13.1% buffer reduction) This lot is fully encumbered by wetland and wetland buffers. It is also fully encumbered by the stream buffer except for 52 SF in the southeast corner. The proposed single- family footprint on this lot of 1300 SF will intrude into both wetland and stream buffers. Please find for each lot there is no alternative practical buildable area due to the location of the critical areas, critical area buffers, and setbacks as evidenced above and shown on the stream buffer and wetland buffer maps that are attached. As evidenced by this the provisions of Chapter 19.145 eliminate all reasonable use of the subject properties. ✓FWRC 19.145.090 (3) a. applies to all three lots. FWRC 19.145.090 (3) b. No feasible and reasonable on-site alternatives to the proposal are possible, such as changes to site layout and or reduction of impervious uses. ALL LOTS As outlined above, all lots are fully encumbered by critical areas and the buffers of those critical areas. Each proposed single family house is average size or smaller. The footprints of less than 1600 SF each and push up against the minimum required setbacks to minimize intrusion and create maximum separation from the wetland and the stream. P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 Please also recognize the existing gravel road identified as SW 333rd Place on King County Plat Maps in the King County Archives/Records Annex, as pictured below. The existing roadway extends through the south boundary of lot 9087 and lot 9069 onto lot 9043 as shown below in the 2019 topological survey pictured below and is proposed to be paved with the project to meet minimum site access requirements. The existing roadway of SW 333rd Place is considered an existing impervious surface and meets the provisions in the code FWRC 19.145.440(4) and FWRC 19.145.270(4) as Permanently Altered Buffer. A street modification request under Federal Way application 20-101257-SM was approved May 19, 2020 to reduce the pavement width of the existing road and will slightly reduce the intrusion of this road into the stream and wetland buffers. Due to the location of the roadway and minimum required setbacks relevant to the previously described buffer areas, the proposed project meets this item in the Reasonable Use Provisions P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 ✓FWRC 19.145.90 (3) b. applies since no feasible and reasonable on-site alternatives to the proposal are possible, such as changes to site layout and or reduction of impervious uses. FWRC 19.145.090 (3) c. It is solely the implementation of this chapter, and not other factors that preclude all reasonable use of the subject property. Please find the proposed project has either met or has been identified the ability to meet all the following OTHER permit requirements which will facilitate the proposed single- family construction on each lot: •Utilities – Each lot will have access to public water and sewer with the proposed project. The Lakehaven Sewer District has identified a path forward for permitting public sewer to all three lots and a proposed sewer crossing the creek is shown on the plans. Tacoma Water has identified an existing water service and ability to provide water service to all three lots. Power exists on the site and the existing power pole is shown on the plans. •SEPA - The sewer crossing of the creek on lot 9043 requires a SEPA. This was addressed by SEPA application 21-100014-SE. A Determination of Non-significance was issued for the project on July 16, 2021. •HPA permit– The sewer crossing requires a Hydraulic Project Approval permit from the Washington Department of Fish and Wildlife. The HPA permit was approved on July 29, 2021 under permit number 2021-4—518-01. •Public Works – Proposed road improvements and the stormwater management plan have been approved through the reasonable use process and submitted for engineering permits under Federal Way permit application 21-103216-PW. •Traffic – Certificates of Concurrency were approved and issued for each lot on February 4, 2021 as follows; 21-100029-CN (lot 9043), 21-100030-CN (lot 9087), and 21-100031 (lot 9069). In addition, the previously mentioned street modification requested to reduce pavement widths was approved und application 20-101257-SM in May of 2020. •Fire – Fire has approved the project with the condition that each new single-family residence include fire sprinklers due to limited access. Fire sprinkler plans will be submitted to meet these fire sprinkler requirements. •Building – Once Reasonable Use has been determined through the Process III application, the single-family building codes will be met for each proposed house. This shows that all other permits are viable for the construction of a single family home on each lot and it is solely the implementation of Chapter 19.145, and not other factors that preclude all reasonable use of the subject property. ✓FWRC 19.145.90 (3) c. applies to all three lots. FWRC 19.145.090 (3) d. The applicant has in no way created or exacerbated the condition that forms the limitation on the use of the subject property, nor in anyway contributed to such limitation. P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 Attached is the Notice of Violation provided to the previous owners by Federal Way Code Compliance Officer, Angie Villalovos, in March of 2019. Please find the issues identified in the violation notice as evidence of the condition of the site when the current owners purchased the property. Also attached is an email dated April 19, 2019, from the Code Compliance Officer with photographic evidence that the current owners cleaned up the site. The pictures not only show the cleanup effort but also show the buffer areas where each home construction that is proposed had been previously cleared with previous uses. The areas on each lot where each house is proposed were deplete of any vegetation and the vegetation that is there now is what has since grown in during this land use process. In addition, as written in the project narrative dated December 1, 2019, submitted with the application process, the applicant upon taking ownership immediately consulted with Beaver Creek Environmental Services to identify the critical areas and performed a major clean-up effort to remove all the garbage, debris, and environmental hazards from the buffers and critical areas. Please find as proof that the applicant did no create or exacerbate the condition limiting the use or contribute to such limitation the attached preliminary Critical Areas Designation report prepared by Beaver Creek Environmental Services on May 18, 2019 upon the applicant taking ownership of the site. ✓FWRC 19.145.090 (3) d. The applicant has in no way created or exacerbated the condition that forms the limitation on the use of the subject property, nor in anyway contributed to such limitation. Please also find that the project as proposed with the mitigation enhancement areas proposed improves the ecological function of the buffers and critical areas. FWRC 19.145.090 (3) e. The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property. The site has a history of nefarious activities and criminal elements that were occurring on the property and neighboring sites as documented by City of Federal Way police and explained to the applicant while working with the owner upon taking ownership. Please find that the proposed project provides each lot a purpose in providing safe and secure homes in support of a strong community. The proposed development will preserve and restore ecological functions, enhance the critical areas, and improve not only the site but the surrounding neighborhood with development compatible to neighboring properties. Please find the project as proposed in the submitted plans and reports support a strong and healthy residential community. ✓FWRC 19.145.090 (3) e. has been met through the following documentation which has all been submitted during this process. P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 • Completed Process III Submittal Requirements for Use Process III form • Project Narrative and Vicinity Map • Concurrency Application • Master Land Use Application • Plan Set – Survey, Topo, Tree Plan, Site Plan, Stormwater, Utilities, Road • Stormwater Report • Tree Unit Calculations • Sewer Availability – Lakehaven Sewer District • Water Availability – Tacoma Water District • Site Photos (E, W, N, S) • Wetlands and Drainage Corridors Evaluation & Delineation &, • Conceptual Mitigation Plan for Reasonable Use Exception • Final Mitigation Plan for Reasonable Use Exception • SEPA – environmental checklist • Title Report • Letter addressing technical review comments (3-31-21) • Variance request to reduce setback. • Letter to rescind variance request to reduce setback. • Letter addressing public comments. • Letter addressing technical review comments (7-19-21) • Stream and Wetland Buffer Maps • HPA Approved Permit Please find all the codes for the proposed reasonable use criteria have been met as supported by this letter and documentation provided in the Process III application process for your review and approval. Sincerely, Michelle Henry, PE Attached: Lot 9043 Stream Buffer and Wetland Buffer Intrusion Map Lot 9069 Stream Buffer and Wetland Buffer Intrusion Map Lot 9087 Stream Buffer and Wetland Buffer Intrusion Map Notice of Violation March 2019 Email dialog and documented photographs of site in April 2019 Preliminary Critical Areas Designation (5-18-2019) &ƌŽŵ͗ŶŐŝĞsŝůůĂůŽǀŽƐ ^ĞŶƚ͗&ƌŝĚĂǇ͕Ɖƌŝůϭϵ͕ϮϬϭϵϰ͗ϭϬWD dŽ͗ΖWĂƚĂŶĚDŝĐŚĞůůĞ,ŽŵĞΖ ^ƵďũĞĐƚ͗Z͗ϯϯϯϬϱϰϯƌĚǀĞ^t ,ŝDŝĐŚĞůůĞ͕ /ǁĂƐŽƵƚƚŽǇŽƵƌƉƌŽƉĞƌƚŝĞƐƚŽĚĂǇ͘/ǁĂƐĂďůĞƚŽƚĂŬĞƉŚŽƚŽƐ͕ƚŚĞƐĞĂƌĞƚŚĞƉŚŽƚŽƐ/ǁŝůůƵƐĞƚŽĐůŽƐĞŽƵƚ ƚŚĞĐĂƐĞ͘ůů/ƐĞĞůĞĨƚĂƌĞƐŽŵĞϱŐĂůůŽŶƉĂŝŶƚďƵĐŬĞƚƐĂŶĚƚŚŝƐƉŝůĞŽĨůĂƌŐĞƐĐƌĂƉŵĞƚĂů͘/ƚƌƵƐƚƚŚĞƐĞ ŝƚĞŵƐǁŝůůďĞŐŽŶĞƐŽŽŶ͘/͛ůůďĞĐůŽƐŝŶŐŽƵƚƚŚĞǀŝŽůĂƚŝŽŶƐǁŝƚŚĐŽĚĞĐŽŵƉůŝĂŶĐĞŽŶĂůůƚŚƌĞĞƉĂƌĐĞůƐ͕ĂŶĚ ůĞƚǇŽƵǁŽƌŬǁŝƚŚǇŽƵƌtĞƚůĂŶĚŝŽůŽŐŝƐƚĂŶĚƚŚĞŝƚǇ͛ƐWůĂŶŶŝŶŐĞƉĂƌƚŵĞŶƚĂƐĨĂƌĂƐďƵŝůĚŝŶŐŐŽĞƐ͘/Ĩ ǇŽƵĞǀĞƌŶĞĞĚƚŽƐƉĞĂŬƚŽƚŚĞWůĂŶŶĞƌŽŶƵƚǇŚĞƌĞĂƚƚŚĞŝƚǇĨŽƌƋƵĞƐƚŝŽŶƐ͕ƚŚĞŝƌŶƵŵďĞƌŝƐϮϱϯͲϴϯϱͲ Ϯϲϱϱ͘&ŽƌƋƵĞƐƚŝŽŶƐƌĞŐĂƌĚŝŶŐWĞƌŵŝƚƐ͕ƚŚĞŶƵŵďĞƌŝƐ ϮϱϯͲϴϯϱͲϮϲϬϳ͘ &ĞĞůĨƌĞĞƚŽĐŽŶƚĂĐƚŵĞƐŚŽƵůĚǇŽƵŚĂǀĞĂŶǇŽƚŚĞƌĨƵƌƚŚĞƌƋƵĞƐƚŝŽŶƐ͘ dŚĂŶŬǇŽƵDŝĐŚĞůůĞ͘ ŶŐŝĞsŝůůĂůŽǀŽƐ ͮŽĚĞŽŵƉůŝĂŶĐĞKĨĨŝĐĞƌ ϯϯϯϮϱϴƚŚ ǀĞ^ŽƵƚŚ ͮ&ĞĚĞƌĂůtĂǇ͕tϵϴϬϬϯ Ϯϱϯ͘ϴϯϱ͘Ϯϲϯϭ ŽƌϮϱϯ͘Ϯϳϴ͘ϲϰϰϭ ͮϮϱϯ͘ϴϯϱ͘ϮϲϬϵ ŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵ )URP3DWDQG0LFKHOOH+RPH>PDLOWRSDWDQGPLFK#PVQFRP@ 6HQW7KXUVGD\$SULO30 7R$QJLH9LOODORYRV 6XEMHFW5HUG$YH6: ,QWHUHVWLQJQHLJKERUVVDLGLWDOOFDPHRXWRIWKRVHWZRKRXVHV *HW2XWORRNIRU$QGURLG &ƌŽŵ͗ŶŐŝĞsŝůůĂůŽǀŽƐфŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵх ^ĞŶƚ͗dŚƵƌƐĚĂǇ͕Ɖƌŝůϭϴ͕ϮϬϭϵϯ͗ϰϳ͗ϯϮWD dŽ͗ΖWĂƚĂŶĚDŝĐŚĞůůĞ,ŽŵĞΖ ^ƵďũĞĐƚ͗Z͗ϯϯϯϬϱϰϯƌĚǀĞ^t ,ŝ͕ dŚĂŶŬƐDŝĐŚĞůůĞ͕/͛ůůƚĂŬĞĂĚƌŝǀĞŽƵƚƚŽŵŽƌƌŽǁƚŽĚŽĂĨŽůůŽǁͲƵƉƐŝƚĞŝŶƐƉĞĐƚŝŽŶŽĨƚŚĞƉƌŽƉĞƌƚŝĞƐ͘ /ĚŝĚƐƉĞĂŬǁŝƚŚdŽŶǇĂŶĚĂĚǀŝƐĞĚŚŝŵƚŚĂƚƚŚĞŶĞǆƚƐƚĞƉŝƐƚŚĞŝƐƐƵĂŶĐĞŽĨĂĨŝŶĞ͘,ĞƐĂǇƐƚŚĂƚƚŚĂƚƐƉŽƚ ŝƐĂĐŽŵŵŽŶĚƵŵƉŝŶŐŐƌŽƵŶĚƐĨŽƌĂŶǇŽŶĞƚŽĚƌŝǀĞƚŚƌŽƵŐŚ͕ĚƵŵƉ͕ĂŶĚŬĞĞƉŐŽŝŶŐ͘ŶĚŚĞŝƐĐŽƌƌĞĐƚ͘ &ŽƌǀŝĐƚŝŵƐŽĨĚƵŵƉŝŶŐůŝŬĞƚŚĂƚǁĞĚŽŚĂǀĞĂƌĞƐŽƵƌĐĞƚŚƌŽƵŐŚ<ŝŶŐŽƵŶƚǇƚŽŽĨĨĞƌƉĞŽƉůĞĨƌĞĞĚƵŵƉ ǀŽƵĐŚĞƌƐ͕ŽĨĐŽƵƌƐĞƚŚĂƚůĞĂǀĞƐƚŚĞŝŶĚŝǀŝĚƵĂůǁŝƚŚƚŚĞƌĞƐƉŽŶƐŝďŝůŝƚǇŽĨŚĂǀŝŶŐĂƚƌƵĐŬĂŶĚŚĂƵůŝŶŐŝƚ ƚŚĞƌĞƚŽƚŚĞĚƵŵƉ͘dŽŶǇĚĞĐůŝŶĞĚƚŚĞĨƌĞĞĚƵŵƉǀŽƵĐŚĞƌĂŶĚĂƐƐƵƌĞĚŵĞŚĞǁŽƵůĚďĞƉŝĐŬŝŶŐƵƉƚŚĂƚ ĨƵƌŶŝƚƵƌĞƚŚŝƐǁĞĞŬĞŶĚĂŶĚŚŝƌŝŶŐĂĐƌĞǁƚŽĐůĞĂŶƵƉ͕ŚĞŝƐƐƵƉƉŽƐĞĚƚŽůĞƚŵĞŬŶŽǁǁŚŽŚĞŚŝƌĞĚĂŶĚ ǁŚĞŶĐůĞĂŶƵƉŝƐƐĐŚĞĚƵůĞĚĨŽƌ͘ /ƌĞĂůůǇĂƉƉƌĞĐŝĂƚĞǇŽƵƌŚĂƌĚǁŽƌŬŝŶĐůĞĂŶŝŶŐƵƉƚŚŝƐůĂŶĚ͘ dŚĂŶŬƐ͕ ŶŐŝĞsŝůůĂůŽǀŽƐ ͮŽĚĞŽŵƉůŝĂŶĐĞKĨĨŝĐĞƌ ϯϯϯϮϱϴƚŚ ǀĞ^ŽƵƚŚ ͮ&ĞĚĞƌĂůtĂǇ͕tϵϴϬϬϯ Ϯϱϯ͘ϴϯϱ͘Ϯϲϯϭ ŽƌϮϱϯ͘Ϯϳϴ͘ϲϰϰϭ ͮϮϱϯ͘ϴϯϱ͘ϮϲϬϵ ŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵ )URP3DWDQG0LFKHOOH+RPH>PDLOWRSDWDQGPLFK#PVQFRP@ 6HQW7KXUVGD\$SULO30 7R$QJLH9LOODORYRV 6XEMHFW5HUG$YH6: +L$QJLH-XVWDTXLFNQRWHWROHW\RXNQRZRXUWKUHHSDUFHOVKDYHEHHQFOHDUHGDQGFOHDQHGXS 8QIRUWXQDWHO\7RQ\ZRXOGQ WZRUNZLWKXVWRFOHDQXSKLVPHVVDQGVWLOOKDVWUDVKHYHU\ZKHUH 0LFKHOOH *HW2XWORRNIRU$QGURLG &ƌŽŵ͗ŶŐŝĞsŝůůĂůŽǀŽƐфŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵх ^ĞŶƚ͗dŚƵƌƐĚĂǇ͕Ɖƌŝůϰ͕ϮϬϭϵϭ͗ϯϬ͗ϬϲWD dŽ͗ΖƉĂƚĂŶĚŵŝĐŚΛŵƐŶ͘ĐŽŵΖ ^ƵďũĞĐƚ͗ϯϯϯϬϱϰϯƌĚǀĞ^t ,ĞůůŽDŝĐŚĞůůĞ͕ ,ĞƌĞŝƐƚŚĞEŽƚŝĐĞŽĨsŝŽůĂƚŝŽŶtĂƌŶŝŶŐŽŶĂůůƚŚƌĞĞƉĂƌĐĞůƐ͘ WƌŽƉĞƌƚǇŽǁŶĞƌĨŽƌϯϯϯϬϯϰϯƌĚ ǀĞ^tĂŶĚϰϯϬϲ^tϯϯϯƌĚ ^ƚŝƐŽǁŶĞĚďǇdŽŶǇ:ƵϮϬϲͲϳϴϴͲϳϳϭϭ͘ tŚĞŶǇŽƵĂƌĞƌĞĂĚǇĨŽƌŵĞƚŽĐŽŵĞŽƵƚƚŽƚĂŬĞƉŚŽƚŽƐůĞƚŵĞŬŶŽǁ͕ǇŽƵĚŽŶŽƚŶĞĞĚƚŽďĞƉƌĞƐĞŶƚŽŶ ƚŚĞƉƌŽƉĞƌƚǇĨŽƌŵĞƚŽĚŽƚŚĂƚ͘ dŚĂŶŬǇŽƵĨŽƌĐŽŶƚĂĐƚŝŶŐŵĞ͊ ŶŐŝĞsŝůůĂůŽǀŽƐ ͮŽĚĞŽŵƉůŝĂŶĐĞKĨĨŝĐĞƌ ϯϯϯϮϱϴƚŚ ǀĞ^ŽƵƚŚ ͮ&ĞĚĞƌĂůtĂǇ͕tϵϴϬϬϯ Ϯϱϯ͘ϴϯϱ͘Ϯϲϯϭ ŽƌϮϱϯ͘Ϯϳϴ͘ϲϰϰϭ ͮϮϱϯ͘ϴϯϱ͘ϮϲϬϵ